Gift Made with Intent to Influence

A public officer or employee shall not use or attempt to use the officer’s or employee’s official position to secure any valuable thing or valuable benefit for the officer or employee that would not ordinarily accrue to the officer or employee in the performance of the officer’s or employee’s official duties if the thing or benefit is of such character as to manifest a substantial and improper influence on the officer or employee with respect to the officer’s or employee’s duties.

Ariz. Rev. Stat. § 38-504(C).

See also Ariz. Rev. Stat. §§ 41-1232.02(J), 41-1232.03(J).

Extra Compensation for Official Duties

  1. No public officer or employee may receive or agree to receive directly or indirectly compensation other than as provided by law for any service rendered or to be rendered by him personally in any case, proceeding, application, or other matter which is pending before the public agency of which he is a public officer or employee.
  2. This section shall not be construed to prohibit the performance of ministerial functions including, but not limited to, the filing, or amendment of tax returns, applications for permits and licenses, incorporation papers, and other documents.

Ariz. Rev. Stat. § 38-505.

Gift Regardless of Giver Status

No current state statute or regulation falls under the category of “Gift Regardless of Giver Status.”

Gift from Lobbyist or Regulated Entity

§ 41-1232.02. Expenditure reporting; principals and lobbyists; gifts

  1. A principal or lobbyist or any other person acting on behalf of a principal or lobbyist shall not give to any state officer or state employee and a state officer or state employee shall not accept from a principal or lobbyist either of the following:
    1. Gifts with a total value of more than $10 during any calendar year.
    2. Gifts that are designed to influence the state officer’s or state employee’s official conduct.

Ariz. Rev. Stat. § 41-1232.02.

§ 41-1232.03. Expenditure reporting; public bodies and public lobbyists; gifts

  1. A public body, designated public lobbyist or authorized public lobbyist or any other person acting on behalf of a public body, designated public lobbyist or authorized public lobbyist shall not give to any member of the legislature and a member of the legislature shall not accept from a public body, designated public lobbyist or authorized public lobbyist either of the following:
    1. Gifts with a total value of more than $10 during any calendar year.
    2. Gifts that are designed to influence the member’s or employee’s official conduct.

Ariz. Rev. Stat. § 41-1232.03.

§ 41-1232.08. Entertainment ban; state and political subdivisions; exceptions

  1. A principal, designated lobbyist, authorized lobbyist, lobbyist for compensation, public body, designated public lobbyist or authorized public lobbyist or any other person acting on that person’s behalf shall not make an expenditure or single expenditure for entertainment for a state officer or state employee. A state officer or state employee shall not accept an expenditure or single expenditure for entertainment from a principal, designated lobbyist, authorized lobbyist, lobbyist for compensation, public body, designated public lobbyist or authorized public lobbyist or any other person acting on that person’s behalf.
  2. A person who for compensation attempts to influence the procurement of materials, services or construction by an agency as defined in section 41-1001, including the office of the governor, or the passage or defeat of legislation, ordinances, rules, regulations, nominations and other matters that are pending or proposed or that are subject to formal approval by the corporation commission, a county board of supervisors, a city or town governing body or a school district governing board or any person acting on that person’s behalf shall not make an expenditure or single expenditure for entertainment for an elected or appointed member of the corporation commission, a county board of supervisors, a city or town governing body or a school district governing board. An elected or appointed member of the corporation commission, a county board of supervisors, a city or town governing body or a school district governing board shall not accept an expenditure or single expenditure for entertainment from a person who for compensation attempts to influence the procurement of materials, services or construction by an agency as defined in section 41-1001, including the office of the governor, or the passage or defeat of legislation, ordinances, rules, regulations, nominations and other matters that are pending or proposed or that are subject to formal approval by the corporation commission, a county board of supervisors, a city or town governing body or a school district governing board.
  3. This section shall not apply to:
    1. Entertainment in connection with a special event properly reported pursuant to this article.
    2. Entertainment that is incidental to a speaking engagement.
    3. The following persons while attending or participating in any sporting or cultural event or activity, sponsored by the board, district or institution, in a facility that is owned or operated by the board, district or institution:
      1. Employees of a school district governing board.
      2. Employees of a community college district governing board.
      3. Employees of any institution under the jurisdiction of the Arizona board of regents.
  4. The provisions of this article that define special events for legislators apply to special events for members of the Arizona board of regents.

Ariz. Rev. Stat. § 41-1232.08.

See also Ariz. Att’y Gen. Op. No. I00-031, 2000 Ariz. AG LEXIS 30 (Dec. 22, 2000).

Definitions and Exceptions

Gift Defined and Definition Exceptions

  1. “Gift” means a payment, distribution, expenditure, advance, deposit or donation of money, any intangible personal property or any kind of tangible personal or real property. For the purposes of this article, gift does not include:
    1. A gift, devise or inheritance from an individual’s spouse, child, parent, grandparent, grandchild, brother, sister, parent-in-law, brother-in-law, sister-in-law, nephew, niece, aunt, uncle or first cousin or the spouse of any such individual if the donor is not acting as the agent or intermediary for someone other than a person covered by this subdivision.
    2. Expenditures that are either properly reported or exempt from reporting under this chapter for:
      1. A speaking engagement.
      2. Food or beverages.
      3. Travel and lodging.
      4. Flowers.
    3. Salary, compensation or employer — reimbursed expenses lawfully paid to a public official.
    4. The value, cost or price of professional or consulting services that are not rendered to obtain a benefit for any registered principal, public body, lobbyist, designated public lobbyist or authorized public lobbyist or the clients of a principal or lobbyist.
    5. Expenses relating to a special event or function to which all members of the legislature, either house of the legislature or any committee of the legislature is invited.
    6. A plaque or other form of recognition similar to a plaque to a state officer or state employee to signify the honorary recognition of a service or other notable accomplishment.
    7. Informational material such as books, reports, pamphlets, calendars or periodicals.
    8. An item that is not used and that is returned within fifteen days of receipt to the donor or that is delivered within fifteen days of receipt to a charitable organization and that is not claimed as a charitable contribution for state or federal income tax purposes.
    9. A campaign contribution that is properly received and reported as required by law.
    10. An item that is given to a state officer or employee if the state officer or employee gives an item of approximately the same value to the giver of the item at the same time that the item is given or on a similar occasion as the one that prompted the original item to be given.
    11. Gifts of a personal nature that were customarily received by an individual from the donor before the individual became a state officer or employee.
    12. An item that is given to the general public at an event.

Ariz. Rev. Stat. § 41-1231(9).

Notes/Resources

Resource(s)

State of Arizona Accounting Manual- Accepting Gifts 

Learn more about state gift laws